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ASSOCIATED PRESS v. BD. OF PUBLIC EDUC.

No. 89-589.

804 P.2d 376 (1991)

The ASSOCIATED PRESS, Billings Gazette, Helena Independent Record, Missoula Missoulian, Great Falls Tribune, Kalispell Daily Interlake, Bozeman Daily Chronicle, Havre Daily News, Livingston Enterprise, Miles City Star, Butte Montana Standard, Hamilton Ravalli Republic, Montana Newspaper Association, Montana Chapter of the Society of Professional Journalists, Plaintiffs and Respondents, v. The BOARD OF PUBLIC EDUCATION, Defendant and Appellant.

Supreme Court of Montana.

Decided January 4, 1991.

Attorney(s) appearing for the Case

Marc Racicot, Atty. Gen., Kim Kradolfer, Agency Legal Services Bureau, Helena (argued), for defendant and appellant.

James P. Reynolds, Reynolds, Molt & Sherwood (argued), Peter Michael Meloy, Meloy Law Firm, Helena, for plaintiffs and respondents.

Bruce Moerer, Montana School Boards Assoc., Stephen F. Garrison, Dept. of Highways, Dal Smilie, Dept. of Admin., Martin Jacobsen, Public Service Com., Timothy J. Meloy, Dept. of Agriculture, Helena, David J. Patterson, Montana Assoc. of Counties, Missoula, Annie M. Bartos, Dept. of Commerce, James R. Beck, Dept. of Highways, David A. Scott, Dept. of Labor & Industry, John F. North, Dept. of State Lands, Donald D. Maclntyre, Dept. of Natural Resources and Conservation, Helena, Jeffrey T. Renz, American Civil Liberties Union of Montana, Billings, Jim Madden, Reserved Water Rights Compact Comm., Helena, amicus curiae.

Brad Belke, Butte, for common cause.

G. Steven Brown, Helena, for Mt. School Boards Ass'n.

John P. Poston, Helena, for Reporters Committee for Freedom of the Press.

McDONOUGH, Justice.

Defendant, the Board of Public Education, appeals from an order granting summary judgment in favor of plaintiffs, the Associated Press and its member organizations. The District Court of the First Judicial District, Lewis and Clark County, held that the litigation exception contained in § 2-3-203(4), MCA, which allows public agencies to close meetings when discussing litigation strategy, is unconstitutional because it violates Article II,...

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